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20 Illinois opinions name it 2 courts 1974–2025 5 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re Marriage of Verdunggreen2 sentences2008See Verdung, 126 Ill. 2d at 547 ; see also Mortgage Electronic Systems v. Gipson, 379 Ill. 2008See Verdung, 126 Ill. 2d at 547 ; see also Mortgage Electronic Systems v. Gipson, No. 1-06-2363 (February 22, 2008), slip op. at 9-11 (a party who waives an objection to jurisdiction by filing a section 2-1401 motion does so only prospectively). | 2 | 2 |
People v. Newberrygreen2 sentences1999Assuming defendant’s belief to be correct, the question remains whether denying defendant that dismissal resulted in a miscarriage of justice or foreclosed the possibility of defendant’s receiving a fair trial on the merits, as occurred, for example, in Newberry, 166 Ill. 2d at 314-15 , 652 N.E.2d at 291 (wherein the State destroyed evidence, without which the defendant did not “have any realistic hope of exonerating himself’). 1999Assuming defendant's belief to be correct, the question remains whether denying defendant that dismissal resulted in a miscar riage of justice or foreclosed the possibility of defendant's receiving a fair trial on the merits, as occurred, for example, in Newberry , 166 Ill. 2d at 314-15 , 652 N.E.2d at 291 (wherein the State destroyed evidence, without which the defendant did not "have any realistic hope of exonerating himself"). | 2 | 2 |
People v. Johnsongreen2 sentences1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L. 1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L. | 2 | 2 |
People v. Harrisgreen1 sentence2025See People v. Harris, 206 Ill. 2d 1, 12 (2002) (“Issues that were raised and decided on direct appeal are barred by the doctrine of res judicata.”); Cerda, 2023 IL App (4th) 220898-U, ¶¶ 54-60 . ¶ 48 3. | 1 | 1 |
People v. Huntgreen1 sentence2025See People v. Hunt, 2023 IL App (2d) 220153, ¶ 34 . | 1 | 1 |
People v. Floyd F. (In Re N.G.)green1 sentence2024In re N.G., 2018 IL 121939, ¶ 42 (finding court has “an affirmative duty to invalidate [a void] AUUW conviction and to treat the statute on which it was based as having never existed.”). | 1 | 1 |
People v. Edwardsgreen1 sentence2024Edwards, 197 Ill. 2d at 244 (at the first stage the petition only requires a limited amount of detail and “need not include ‘legal arguments or [citations] to legal authority.’ [Citation.]”). ¶ 33 Assuming defendant was convicted of the version of the AUUW statute declared void in Aguilar, his conviction must be vacated. | 1 | 1 |
People v. Maldonadogreen2 sentences2021Citing Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992), for the proposition “[o]ur law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,” defendant argues the trial court improperly considered in aggravation his “lifestyle” of fathering five children with three different women. ¶ 31 Assuming defendant’s general proposition is correct, that the trial court cannot consider defendant’s choice to “procreate *** with multiple women” in aggravation, it is irr 2021App. 3d 470, 486 , 608 N.E.2d 499, 509 (1992). ¶ 33 In this case, the trial court stated, “What we have here is an individual who talks of his two daughters. | 1 | 1 |
Planned Parenthood of Southeastern Pa. v. Caseyred1 sentence2021Citing Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992), for the proposition “[o]ur law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,” defendant argues the trial court improperly considered in aggravation his “lifestyle” of fathering five children with three different women. ¶ 31 Assuming defendant’s general proposition is correct, that the trial court cannot consider defendant’s choice to “procreate *** with multiple women” in aggravation, it is irr | 1 | 1 |
Mortgage Electronic Systems v. Gipsongreen1 sentence2008See Verdung, 126 Ill. 2d at 547 ; see also Mortgage Electronic Systems v. Gipson, 379 Ill. | 1 | 1 |
People v. Bakergreen1 sentence1999Assuming defendant’s belief to be correct, the question remains whether denying defendant that dismissal resulted in a miscarriage of justice or foreclosed the possibility of defendant’s receiving a fair trial on the merits, as occurred, for example, in Newberry, 166 Ill. 2d at 314-15 , 652 N.E.2d at 291 (wherein the State destroyed evidence, without which the defendant did not “have any realistic hope of exonerating himself’). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rakas v. Illinois
green
2 sentences1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L. 1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L. | 2 | 1997–1997 |
People v. Hughes
green
1 sentence2025Assuming error occurred, the invited error rule states “a party cannot complain of error that it brought about or participated in.” People v. Hughes, 2015 IL 117242, ¶ 33 . | 1 | 2025–2025 |
People v. Orth
green
2 sentences1996Under Orth, once a motorist has presented a prima facie case for rescission, the State must lay the following foundation to avoid rescission: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by the Department of Public Health, (3) evidence that the machine used was a model approved by the Department of Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisite 20 minutes pri 1996Under Orth, once a motorist has presented a prima facie case for rescission, the State must lay the following foundation to avoid rescission: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by the Department of Public Health, (3) evidence that the machine used was a model approved by the Department of Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisite 20 minutes pri | 1 | 1996–1996 |
Beiermann v. Edwards
green
1 sentence1995In Beiermann v. Edwards (1990), 193 Ill. | 1 | 1995–1995 |
People v. Wilken
green
1 sentence1992App. 3d 1124 , 412 N.E.2d 1071 .) Assuming error by the trial court in allowing the statement, we find that any error was harmless in light of the eyewitness testimony against defendant. | 1 | 1992–1992 |
Rivenbark v. Finis P. Ernest, Inc.
green
1 sentence1988Rivenbark v. Finis P. Ernest, Inc. (1976), 37 Ill. | 1 | 1988–1988 |
McCracken v. Olson Companies, Inc.
green
1 sentence1988App. 3d 104 , 500 N.E.2d 487 .) Assuming defendant promised to cover the debt, defendant argues that promise is unenforceable because it was not in writing. | 1 | 1988–1988 |
Chonowski v. Dyke
green
1 sentence1988Since a third party may provide valid consideration (Chonowski v. Dyke (1980), 82 Ill. | 1 | 1988–1988 |
People v. Williams
neutral
1 sentence1988App. 3d 49, 54 , 446 N.E.2d 1236, 1239 .) Assuming defendant had properly preserved his contentions for appeal, we still would be precluded from finding any error. | 1 | 1988–1988 |
People v. Hebein
green
2 sentences1984Assuming defendant had not failed to raise this issue in his post-trial motion, and therefore waived it for purposes of review (People v. Hebein (1982), 111 Ill. 1984App. 3d 830, 842-43 , 444 N.E.2d 782 ), the identification was based upon adequate evidence and was therefore valid. | 1 | 1984–1984 |
Lundy v. Warden
green
1 sentence1984Ed. 2d 299 , 99 S. Ct. 2862 .) Assuming defendant has not waived this issue, we still find no merit to his claim. | 1 | 1984–1984 |
Finfrock v. Eaton Asphalt Co.
green
1 sentence1981App. 3d 1020 , 355 N.E.2d 214 .) Assuming defendant’s general objection was sufficient, however, we are not persuaded that the instruction is erroneous. | 1 | 1981–1981 |
Warren v. Meeker
green
2 sentences1974In Warren v. Meeker, 55 Ill.2d 108 , this court said: “We have not specifically defined the term ‘having charge of’ or delimited the factors to be considered in its definition and we do not now do so.” ( 55 Ill.2d 108, at 111 .) It is difficult for me to perceive how, when we have under consideration a statutory term admittedly not specifically defined, the majority can hold that on this record the movant’s affidavit and the discovery depositions preclude any possibility that the defendant had charge of the work. 1974In Warren v. Meeker, 55 Ill.2d 108 , this court said: “We have not specifically defined the term ‘having charge of’ or delimited the factors to be considered in its definition and we do not now do so.” ( 55 Ill.2d 108, at 111 .) It is difficult for me to perceive how, when we have under consideration a statutory term admittedly not specifically defined, the majority can hold that on this record the movant’s affidavit and the discovery depositions preclude any possibility that the defendant had charge of the work. | 1 | 1974–1974 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.